“The complainant is aware that a simple allegation of attempted sexual assault is a bailable offence; therefore, the petitioner could not be taken into custody. It is to make out a case warranting arrest and detention of the petitioner that the complainant has now come up with an allegation of rape,” the petition stated.

Siddique pointed out that the complainant’s initial allegations in 2019, which were repeated in subsequent years, placed the incident at a theatre where a movie preview was held. This location, according to him, is inherently unsuitable for non-verbal sexual acts, limiting the alleged misconduct to verbal abuse. The complainant has since conducted research to identify a more conducive setting, now claiming that the incident occurred in a hotel room where she alleged the rape took place. Siddique contended that this significant change in narrative reveals a deliberate and calculated effort to implicate him falsely.

When the case came up in front of the bench, Justice C.S. Dias said, “The application is dismissed.”